Can on duty exposure to Covid-19 be considered a work comp claim?
Yes, you can file a work comp claim due to an on the job exposure to a virus, harmful chemical, and/or other toxin. This includes Covid-19.
What should I do if I believe I was exposed to Covid-19 on the job?
You must have clear documentation regarding any and all possible exposures. If you have possible work related exposures on a regular basis, maintain documentation regarding all potential exposures. It is also important to note whether your employer provided appropriate Personal Protective Equipment as well as any other relevant information. This information may be useful not only for you, but also other coworkers.
REPORT / FILE A CLAIM
If you begin to experience symptoms related to an exposure(s), report the exposure/symptoms to your employer immediately and provide documentation related to these exposures.
REQUEST MEDICAL TREATMENT
Request to see a doctor. If there is an issue seeing a doctor through the work comp system, report your exposure and symptoms to a personal doctor. For any doctor you see, please be sure to discuss your exposures, treatment, and related work restrictions/limitations. Please document any issues related to seeing a doctor and/or getting the appropriate testing. If your doctor believes you have Covid-19 but cannot supply the testing, ask the doctor to state that in their report.
Nick D. Fogel, Esq. Stephan J. Marsh, Esq.